SB3002 94TH GENERAL ASSEMBLY

LRB094 18924 MKM 54371 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3002

Introduced 1/20/2006, by Sen. John O. Jones - Cheryl Axley - Peter J. Roskam - Kirk W. Dillard - William E. Peterson, et al.

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-117-12.5 new
65 ILCS 5/11-117-12.6 new
65 ILCS 5/11-117-90 new
220 ILCS 5/8-308 new
220 ILCS 5/8-309 new
30 ILCS 805/8.30 new

Amends the Illinois Municipal Code and the Public Utilities Act. Provides that, during the months of November, December, January, February and March, each public utility and municipal utility must insert winter energy conservation information with each billing statement. Requires each public utility and municipal utility to offer budget payment plans that allow customers to pay the same amount each month throughout the year. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 40. The Illinois Municipal Code is amended by adding Sections 11-117-12.5, 11-117-12.6, and 11-117-90 as follows:

(65 ILCS 5/11-117-12.5 new)

Sec. 11-117-12.5. Winter energy conservation information. A municipality that provides gas or electric service to residential customers must insert with each billing statement sent to those customers during the months of November, December, January, February, and March information concerning winter energy conservation that informs the customer about steps the customer can take to reduce the customer's winter energy costs.

(65 ILCS 5/11-117-12.6 new)

Sec. 11-117-12.6. Budget payment plan.

(a) Each municipality that provides gas or electric service must offer to its residential customers a budget payment plan option. The budget payment plan must allow the customer to pay the same amount each month, in an amount equal to the amount of gas or electricity used at the customer's address in the preceding 12 months, divided by 12. The municipality must review the initial calculation after 120 days of enrollment in the budget payment plan and again after 240 days of enrollment in the budget payment plan. If this reevaluation results in an increase of more than $3, then the municipality must increase the amount due under the budget payment plan. At the end of each 12 months of enrollment in the budget payment plan, the municipality must calculate the difference between the cost of the energy the customer actually used during the 12 months and the amount the customer paid on the budget payment plan. If the amount the customer paid is less than the amount required to cover the cost of the energy the customer actually used, then the municipality may bill the customer for the remaining balance. If the amount the customer paid is greater than the cost of the energy the customer actually used, then the municipality must credit the customer's account.

(b) If a customer fails to make a scheduled payment under a budget payment plan, then the municipality may remove the customer from the plan at the end of the billing cycle. If the amount paid by the customer under the budget payment plan is less than the amount required to cover the cost of the energy the customer actually used while the customer was enrolled in the budget payment plan, then the municipality must bill the customer for the remaining balance. If the amount the customer paid under the budget payment plan is greater than the cost of the energy the customer actually used while the customer was enrolled in the budget payment plan, then the municipality must credit the customer's account.

(c) Each billing statement sent by a municipality that provides gas or electric service to a residential customer must include information about the budget payment plan option and a telephone number that the customer can use to obtain information from the municipality about the budget payment plan option. In addition, each billing statement sent to a customer enrolled in a budget payment plan must include the following:

(1) A statement informing the customer that failure to make a scheduled payment under the budget payment plan may result in the customer's removal from the plan.

(2) A statement that, at the time of removal, the municipality will bill the customer for the remaining balance.

(3) A statement concerning eligibility for a budget payment plan after removal.

(65 ILCS 5/11-117-90 new)

Sec. 11-117-90. Home rule. A home rule unit may not regulate the provision of gas and electric service and supply in a manner inconsistent with the provisions of this amendatory Act of the 94th General Assembly. This amendatory Act of the 94th General Assembly is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 45. The Public Utilities Act is amended by adding Sections 8-308 and 8-309 as follows:

(220 ILCS 5/8-308 new)

Sec. 8-308. Winter energy conservation information. A public utility must insert with each billing statement sent to each residential customer during the months of November, December, January, February, and March information concerning winter energy conservation that informs the customer about steps the customer can take to reduce the customer's winter energy costs.

(220 ILCS 5/8-309 new)

Sec. 8-309. Budget payment plan.

(a) Each utility must offer to its residential customers a budget payment plan option. The budget payment plan must allow the customer to pay the same amount each month, in an amount equal to the amount of gas or electricity used at the customer's address in the preceding 12 months, divided by 12. The utility must review the initial calculation after 120 days of enrollment in the budget payment plan and again after 240 days of enrollment in the budget payment plan. If this reevaluation results in an increase of more than $3, then the utility must increase the amount due under the budget payment plan. At the end of the first 12 months of enrollment in the budget payment plan, the utility must calculate the difference between the cost of the energy the customer actually used during the first 12 months and the amount the customer paid on the budget payment plan. If the amount the customer paid is less than the amount required to cover the cost of the energy the customer actually used, then the utility may bill the customer for the remaining balance. If the amount the customer paid is greater than the cost of the energy the customer actually used, then the utility must credit the customer's account.

(b) If a customer fails to make a scheduled payment under a budget payment plan, then the utility may remove the customer from the plan at the end of the billing cycle. If the amount paid by the customer under the budget payment plan is less than the amount required to cover the cost of the energy the customer actually used while the customer was enrolled in the budget payment plan, then the utility must bill the customer for the remaining balance. If the amount the customer paid under the budget payment plan is greater than the cost of the energy the customer actually used while the customer was enrolled in the budget payment plan, then the utility must credit the customer's account.

(c) Each billing statement sent to a customer of a public utility must include information about the budget payment plan option and a telephone number that the customer can use to obtain information from the utility about the budget payment plan option. In addition, each billing statement sent to a customer enrolled in a budget payment plan must include the following:

(1) A statement informing the customer that failure to make a scheduled payment under the budget payment plan may result in the customer's removal from the plan.

(2) A statement that, at the time of removal, the utility will bill the customer for the remaining balance.

(3) A statement concerning eligibility for a budget payment plan after removal.

Section 90. The State Mandates Act is amended by adding Section 8.30 as follows:

(30 ILCS 805/8.30 new)

Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.